Legal Question in Employment Law in Massachusetts

terminate contract becauseof a doctor's appointment?

I had a contract. One day I need to take time off to take son to a specialist doctor appointment. I sent an email to my manager to inform him. Two days later I was terminated for ''attendance''. I was either early or on time every other day of work. Is this legal to terminate a contract for taking child to doctor?


Asked on 5/09/08, 1:23 am

1 Answer from Attorneys

Thomas Abdow Abdow Law

Re: terminate contract becauseof a doctor's appointment?

You have posed an interesting,serious question. The simple answer is it seems apparently unlawful based upon this act, but actual circumstances may control. Were you an employee or independent contractor? For example if absolutely needed at work that day and you knew it, and the doctor appointment could be rescheduled (i.e. - it was not a life threatening condition) the above answer may change. Was there any type of dialogue with management who fired you? What if anything did they tell you (in person, by telephone or in response to your e-mail). Did you request time for this family medical need under applicable law or just demand it? Are you sure they got your request? Was it timely? You have not provided enough information about your work history, relationship with employer, supervisor(s), co-workers or events. In responding to this, you should not make your answers online in a publicly read forum like this one. You likely need legal counsel to represent your interests, but the merits of your case cannot be fully stated without a detailed analysis and investigation. You must be able to financially support this kind of work. After almost 19 years in practice, I require payment up front for this kind of case. Sometimes, (without raising false hopes), it may be possible to negotiate an early resolution with your interests represented by experienced counsel before filing a lawsuit. These cases have no simple answers with the court decisions "all over the ball park" because, quite frankly, almost every case is different. Cases sometimes turn good or bad on one factual element. A much more detailed narrative of exactly what happened, what "contract" you had (copy for review), a look at your personnel file (have you seen it) are needed. An attorney still needs to officially review all of these and more...proof of notification of your employer for the medical leave request(you said you emailed - was that on a work computer you no longer have access to), nature of your working relationship/communications. What else is lurking beneath the surface and was used to fire you- both "Legal" and "Illegal"? You need relevant dates and times, witesses, etc. You may contact me to discuss this case. Though everything you tell me is confidential, (even if I am not hired as your legal counsel), I state affirmatively that I have not started actual representation of you and will not begin representing you until I have further reviewed this matter, we've discussed it, arranged for advance payment of initial retainer monies for preliminary legal work and have signed an attorney-client fee agreement. If you believe discrimination in any form may have played a roll in your firing you are hereby informed statutes of limitation for filing charges at appropriate administrative agenc(ies) are only 180 days from the discriminatory event.Respectfully, Thomas Abdow, J.D.

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Answered on 5/09/08, 1:27 pm


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